Insight

South Florida’s New Affordable Housing Law

Best Lawyers weighs in on the recently enacted Live Local Act, which aims to shrink financial gaps and provide affordable housing availability in South Florida.

Animated figures in an office, gym and apartment
GS

Gregory Sirico

November 2, 2023 11:00 PM

In late March, Florida Governor Ron DeSantis and the state legislature signed Senate Bill 102 into law, which went into effect on July 1. Known as the Live Local Act, Senate Bill 102 was enacted to fill financial gaps while providing increased availability of affordable housing to members of the growing Florida workforce within their communities. According to the act, local governments must provide multifamily and mixed-use affordable housing in various commercial, industrial and mixed-use areas. Additionally, depending on county and municipality provisions, the Live Local Act demands that the proposed or ongoing development should be the highest density allowed, which, according to legal experts, will likely cause an immediate surge in Florida’s already thriving real estate market of which developers could take advantage.

Despite this new legislation, which has been met with sweeping approval and set aside roughly $700 million in funding, created tax breaks and provided a variety of zoning-based development incentives, there is still an abundance of glaring roadblocks. The primary obstacle at the forefront of local discourse and one less visible aspect of the law is that provisions practically overlook county and municipal zoning controls regarding building height and density. The overarching concept behind the act is to enable property developers to take on significant construction projects while, in return, setting aside a portion of apartments for residents who fit a specific income qualification.

Initially touted as a relatively robust and comprehensive effort to address Florida’s affordable housing crisis, the legislation mandates that municipalities and counties are required to greenlight said projects without needing public hearings, in which elected officials solicit feedback, hold deliberations and vote on submitted proposals. This notion also applies to projects significantly exceeding pre-existing height and density limitations, stating that cities are forced to accept whatever parameters developers propose.

Outspoken critics of the act, including the City of Doral’s Mayor Christi Fraga, fear this could ultimately lead to overdevelopment and a drastic increase in litigation. “This is the epitome of what local preemption is and truly can change the characteristics of a neighborhood that can completely challenge the quality of life of our residents. It overrides measures we have in place to protect that. My goal is not to be sued, but I saw the uproar in the community and had to do something. My goal is to protect this community. I know developers have had their eyes on this bill for some time. It’s a gift for them,” stated Fraga, as reported by the Miami Herald.

Headline Image: iStock/MarisVector

Related Articles

IN PARTNERSHIP

Coffey Burlington: A Legacy of Legal Excellence


by John Fields

In complex practice areas, such as business litigation and white-collar defense, Miami-based firm Coffey Burlington continues to set a standard of excellence.

Group of lawyers pose for law firm picture

IN PARTNERSHIP

Protecting and Fighting for Florida’s Future


by Justin Smulison

Trial lawyer and Best Lawyers® “Lawyer of the Year” multiple times, Steve Yerrid discusses how his courtroom results have improved safety and life in Florida.

Lawyer in blue suit smiles for headshot photo

"Lawyer of the Year"


Lawyer in suit poses for a headshot photo

Jeffrey A. Weissman

Family Law

Fort Lauderdale, FL

2024

IN PARTNERSHIP

Coffey Burlington's Legal Expertise


by John Fields

Service. Integrity. Results.

Coffey Burlington 2025

IN PARTNERSHIP

Elevating Our Cases Into Causes


by Justin Smulison

Two female attorneys

IN PARTNERSHIP

Federal Employee Advice: I’ve Been RIF’d. Now What?


by Bernabei & Kabat

What to do after a Reduction in Force

Two toy people being held in the palm of someone's hand above a group of other toy people

IN PARTNERSHIP

Do I Need a Lawyer After a Car Accident in Florida?


by Matthew Mincone

Person Using Cellphone After Car Accident

IN PARTNERSHIP

5 Things To Do if You’re at Fault in a Car Accident in Oklahoma


by Chris Hammons

The moments following an accident can be confusing and frightening, even if no one is seriously injured. Here are five things to do when at fault after a car accident in Oklahoma.

Blue car and grey car crashed into each toher with woman and man standing beside them talking

IN PARTNERSHIP

6 Benefits of Hiring a Lawyer After a Car Accident in Lexington


by Ross F. Mann

Close-up of a car dashboard displaying high speed

Looking to Increase Your Law Firm Website Traffic? Start Here


by Jamilla Tabbara

Explore our free resource to help increase your law firm website traffic and drive consistent growth.

Laptop driving virtual growth with data charts and graphs

Is Your Law Firm Missing Key Client Acquisition Opportunities?


by Jamilla Tabbara

Discover our free resource to identify ways to stand out and attract more clients.

Arrows and light bulbs rising, symbolizing growth and client acquisition opportunities for law firms

IN PARTNERSHIP

Injured in An Accident in Fort Worth, TX? 5 Steps You Need to Take Immediately


by Bradley Parker

A Fort Worth, Texas lawyer explains the five most important steps that should be taken immediately in the event that you are injured in a car accident.

Busy interstate roadway with speeding cars

IN PARTNERSHIP

How to Deal with the Aftermath of a Car Accident


by Mark Roman

A crash can have physical, psychological and financial consequences. Here are five steps to take to effectively deal with the aftermath of a car accident.

Woman on phone surveys damage to vehicle

How to File for Divorce


by Natalie R. Rowland

Divorce can be complex in both process and cost. An experienced family law attorney explains how best to file for divorce and outlines considerations to take.

Woman sitting on couch rests head on fist with man in background

New Texas Law Opens Door for Non-Lawyers to Practice


by Gregory Sirico

Texas is at a critical turning point in addressing longstanding legal challenges. Could licensing paralegals to provide legal services to low-income and rural communities close the justice gap?

Animated figures walk up a steep hill with hand

Finding the Right Divorce Attorney


by Best Lawyers

Divorce proceedings are inherently a complex legal undertaking. Hiring the right divorce attorney can make all the difference in the outcome of any case.

Person at a computer holding a phone and pen

Trending Articles

Introducing the 2026 Best Lawyers Awards in Australia, Japan, New Zealand and Singapore


by Jennifer Verta

This year’s awards reflect the strength of the Best Lawyers network and its role in elevating legal talent worldwide.

2026 Best Lawyers Awards in Australia, Japan, New Zealand and Singapore

Revealing the 2026 Best Lawyers Awards in Germany, France, Switzerland and Austria


by Jamilla Tabbara

These honors underscore the reach of the Best Lawyers network and its focus on top legal talent.

map of Germany, France, Switzerland and Austria

Effective Communication: A Conversation with Jefferson Fisher


by Jamilla Tabbara

The power of effective communication beyond the law.

 Image of Jefferson Fisher and Phillip Greer engaged in a conversation about effective communication

The 2025 Legal Outlook Survey Results Are In


by Jennifer Verta

Discover what Best Lawyers honorees see ahead for the legal industry.

Person standing at a crossroads with multiple intersecting paths and a signpost.

The Best Lawyers Network: Global Recognition with Long-term Value


by Jamilla Tabbara

Learn how Best Lawyers' peer-review process helps recognized lawyers attract more clients and referral opportunities.

Lawyers networking

Jefferson Fisher: The Secrets to Influential Legal Marketing


by Jennifer Verta

How lawyers can apply Jefferson Fisher’s communication and marketing strategies to build trust, attract clients and grow their practice.

Portrait of Jefferson Fisher a legal marketing expert

Is Your Law Firm’s Website Driving Clients Away?


by Jamilla Tabbara

Identify key website issues that may be affecting client engagement and retention.

Phone displaying 'This site cannot be reached' message

A Guide to Workers' Compensation Law for 2025 and Beyond


by Bryan Driscoll

A woman with a laptop screen reflected in her glasses

Medical Malpractice Reform Trends in Texas, Utah, Georgia and SC


by Bryan Driscoll

A fresh wave of medical malpractice reform is reshaping the law.

Medical Malpractice Reform Trends hed

Why Jack Dorsey and Elon Musk Want to 'Delete All IP Law'


by Bryan Driscoll

This Isn’t Just a Debate Over How to Pay Creators. It’s a Direct Challenge to Legal Infrastructure.

Elon Musk and Jack Dorsey standing together Infront of the X logo

Best Lawyers Launches CMO Advisory Board


by Jamilla Tabbara

Strategic counsel from legal marketing’s most experienced voices.

Group photo of Best Lawyers CMO Advisory Board members

Changes in California Employment Law for 2025


by Laurie Villanueva

What employers need to know to ensure compliance in the coming year and beyond

A pair of hands holding a checklist featuring a generic profile picture and the state of California

Common Law Firm Landing Page Problems to Address


by Jamilla Tabbara

Identify key issues on law firm landing pages to improve client engagement and conversion.

Laptop showing law firm landing page analytics

New Employment Law Recognizes Extraordinary Stress Is Everyday Reality for NY Lawyers


by Bryan Driscoll

A stressed woman has her head resting on her hands above a laptop

Best Lawyers Introduces Smithy AI


by Jamilla Tabbara

Transforming legal content creation for attorneys and firms.

Start using Smithy AI, a content tool by Best Lawyers

As Fla. Pushes to Repeal Controversial 'Free Kill' Law, DeSantis Signals Veto


by Bryan Driscoll

The fight to transform state accountability standards may be in trouble

free kill law hed